By Brown S.B. No. 1009
74R1426 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sanctions for acting as a life insurance counselor
1-3 without a license or violating certain laws applicable to life
1-4 insurance counselors; providing a criminal penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 7, Chapter 29, Acts of the 54th
1-7 Legislature, Regular Session, 1955 (Article 21.07-2, Vernon's Texas
1-8 Insurance Code), is amended to read as follows:
1-9 Sec. 7. (a) A person commits an offense if the person acts
1-10 as a life insurance counselor without a license issued under this
1-11 Act or otherwise violates this Act. Each violation constitutes a
1-12 separate offense. An offense under this subsection is a Class B
1-13 misdemeanor.
1-14 (b) In addition to being subject to the penalty imposed
1-15 under Subsection (a) of this section, a person who commits a
1-16 violation of this Act is subject to license revocation under
1-17 Section 5, Article 21.01-2, Insurance Code. If the department
1-18 revokes the license, the license holder is not eligible for a new
1-19 license for two years after the effective date of the license
1-20 revocation. <Any person who shall act as a Life Insurance
1-21 Counselor, as defined herein, without having first obtained a
1-22 license as herein provided, or who violates any of the provisions
1-23 of this Act shall be guilty of a misdemeanor and, upon conviction,
1-24 shall be fined not more than Five Hundred Dollars ($500), or
2-1 imprisoned not more than six months, or both, each such violation
2-2 being a separate offense hereunder. In addition, if such offender
2-3 holds a license hereunder, such license shall automatically expire
2-4 upon such conviction and the offender shall be barred from license
2-5 for a period of at least two (2) years.>
2-6 SECTION 2. (a) Section 7, Chapter 29, Acts of the 54th
2-7 Legislature, Regular Session, 1955 (Article 21.07-2, Vernon's Texas
2-8 Insurance Code), as amended by Section 1 of this Act, applies only
2-9 to an offense committed on or after the effective date of this Act.
2-10 For purposes of this section, an offense is committed before the
2-11 effective date of this Act if any element of the offense occurs
2-12 before that date.
2-13 (b) An offense committed before the effective date of this
2-14 Act is governed by the law in effect when the offense was
2-15 committed, and the former law is continued in effect for that
2-16 purpose.
2-17 SECTION 3. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.